An Analysis of Civil Suits Filed Against Private and Public Prisons: A Comparison of Title 42: Section 1983 Litigation

• Author: Curtis R. Blakely,Vic W. Bumphus
• Published date: 01 March 2005
• Date: 01 March 2005
• DOI: http://doi.org/10.1177/0887403404266757
• Subject Matter: Articles

10.1177/0887403404266757CRIMINAL JUSTICE POLICY REVIEW / March 2005Blakely, Bumphus / CIVIL RIGHTS LITIGATION

An Analysis of Civil Suits Filed

Against Private and Public Prisons:

A Comparison of Title 42:

Section 1983 Litigation

Curtis R. Blakely

University of South Alabama

Vic W. Bumphus

The University of Tennessee at Chattanooga

This study examines civil litigation filed against private and public prisons. Suits

alleging violation of Title 42: Section 1983 were considered. Findings reveal that

judicial statements made in response to private sector litigation carried greater

amounts of admonishment than did judicial statements made in response to litigation

filed against the public sector.Furthermore, it is evident that a portion of the federal

judiciary views privatization as potentially having negative effects on inmates and

staff.

Keywords: civil rights; lawsuits; grievances; private prisons; profit; employee

training

With the current popularity of imprisonment as a criminal sanction, the

demand for prison space is at an all-time high. This has resulted in severe

overcrowding. To obtain additional beds, solutions are increasingly being

sought from the private sector. One solution is the operation of prisons by

private corporations. Under such an arrangement, the government pays a

per diem fee to a private corporation to confine inmates on its behalf. Data

relating to the number of private prisons as well as their capacity and operat-

ing levels vary widely by source. However, a recent census revealed that

65,160 inmates (Criminal Justice Institute, 2000) are held in 140 private

jails and prisons spanning 31 states (Austin & Coventry, 2001; Greene,

2000; Thomas, 2000). Other estimates place approximately 2% to 5% of the

total U.S. inmate population in private facilities (Austin & Coventry, 2001;

74

Criminal Justice Policy Review, Volume 16, Number 1, March 2005 74-87

DOI: 10.1177/0887403404266757

© 2005 Sage Publications